Terms and Conditions
Effective as of 1.10.2014
1. Application
These Terms are applicable to webstore owned and operated by Oy Roberts Ab, (VAT number: [FI26372697], Registration Number at Finnish Trade Register 2637269-7, domiciled in Turku, Finland at the address: Inkilänkatu 3, 20300 Turku, Finland) (”Roberts” or “We” or “Us” as the context may require) at the URL-address www.robertsberrie.com (“Store”) and to transactions for Roberts products (“Products”) concluded at the Store by non-trading consumer customers (“you” or “Customer”) as the context may require. Oy Roberts Ab – general terms of sale to business customers apply to transactions of Products concluded by associations, independent contractors or any other kind of legal entity or trading individual.
Roberts is entitled to modify these Terms at any time. Such modified Terms apply to orders that are made on or after the effective date of the new Terms.
BY ORDERING PRODUCTS FROM THE STORE YOU ACCEPT AND AGREE TO THE APPLICABLE TERMS.
2. Becoming a Customer and Ordering
For ordering Products at the Store you must
- inform your name, address, phone number, e-mail address, payment details and other required information for the transaction;
- be of full legal age
- be the lawful owner of the credit card used for the transaction.
If you create your own account at the Store, you will at the same time create personal user identification and a password. You must maintain your user identification and password protected at all times. You are personally responsible for all transactions concluded using your account and identifications. We process your personal data in accordance with the privacy policy. Personal data and payment information are processed by using a secured connection.
Roberts reserves the right to approve or reject a customer before delivering Products.
3. Product Information and Availability of Products
Before ordering Products, you must ensure that the Products are fit for your intended use. You can use the Product Information available at the Store for verifying this. If the content of the Store is different compared to information provided at another internet site or other source of information, the content of the Store at the time of purchase prevails.
Roberts does not warrant the availability of the Products. Roberts reserves the right without any prior notice or liability to change, suspend or discontinue the manufacture and sale of any Product.
4. Prices, Taxes and Duties and Customs Policies
Price charged for the Product is the price effective at the time you place your order and the price is confirmed in the order confirmation. If the price at the Store is incorrect due to a typo or other comparable mistake, the incorrect price is not binding on Roberts.
In case you use a discount code, the discounted price is indicated at the cashier after you have inserted the discount code.
Roberts is entitled to change the prices without any notice. Changed prices apply to orders placed after the price change has become effective.
Prices and payments are in Euros.
EU Customers
If you order Products from a country or location belonging to EU customs and taxation union, prices are exclusive of transportation and handling cost, value added tax and other applicable taxes.
Non-EU Customers
If you order Products from a country or location not belonging to EU customs and taxation union, the prices are exclusive of transportation and handling costs, but you may have to pay value added taxes or other additional taxes and/or customs duties. You may also be required to pay a brokerage (handling) fee for the shipment. These charges are separate from the price charged by Roberts and are levied once the package reaches the specified destination.
We request that you contact your customs office and ask about import regulations and restrictions as well as applicable taxes and duties before placing your order. It is important for you to become familiar with customs policies for your specific country or location before ordering. Customs regulations differ by country and not knowing their regulations can result in your order incurring high import duties, the delivery being delayed or even returned. Please check with your customs office to see if your country permits the shipment of the Products you are planning to order from us and if any additional licenses or permits are needed.
You are responsible for complying with the laws and regulations in the country of destination including, but not limited those regarding customs procedures and payment of the applicable duties and levies.
5. Processing the Orders and Conclusion of the Contract
Your order is an offer to purchase the Products listed in your Order. We may choose not to accept orders in our sole discretion, particularly notably unusual orders or orders that have not been submitted in good faith. When you place an order to purchase a Product from Roberts, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Acknowledgement E-mail”). The Order Acknowledgement E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for the Products ordered by you, when we send the e-mail order confirmation to you (the “Order Confirmation E-mail”)
We recommend that you keep the Order Confirmation E-mail for possible further use as the Order Confirmation E-mail is your receipt of the purchase.
6. Payment
Payment can be made by authorized credit cards listed at the Store. All payments will be subject to security checks. Our customer service may contact you to verify your order information and order details.
7. Delivery
We deliver Products to European countries via PostNord and to other countries via FedEx courier service.
The estimated delivery time for the ordered Products is 3-7 workdays from the date of order confirmation. The delivery time does not exceed 30 days, unless Roberts has specifically agreed a longer delivery period with you.
Please Note: If your order is returned to us due to a banned/restricted products policy, a wrong address, refusal to pay customs fees or Products seized by customs, refusal to accept the order or because no one was there to accept delivery of your order or other such reason that is attributable to your act or omission, we will not make any refund.
8. Defects in Delivery
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, we encourage you to contact Roberts’ customer service without delay and latest within 7 days from the receipt of the delivery. Roberts will rectify the non-conformities without delay. Legal guarantee of conformity applies to the delivered Products.
9. No Right of Withdrawal
As the Products sold are foodstuffs, beverages or other goods intended for current consumption, you do not have a right of withdrawal.
10. Force Majeure
Roberts is not responsible for any non-performance attributable to a cause beyond Roberts’ control that Roberts could not reasonably take into account at the time of conclusion of the contract and the effects of which Roberts cannot reasonably avoid or overcome.
11. Liability
These s Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products. To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, whether express or implied, and any conditions or other terms other than those which are expressly mentioned in these Terms. In particular, we will not be responsible for ensuring that the Products are fit for your intended purposes.
While we use reasonable endeavours to verify the accuracy of any information we place on the Store, we make no warranties, whether express or implied in relation to its accuracy (save as expressly set out in these Terms). We do not warrant that the Store will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy and/or reliability of the Store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Store.
We do not assume any liability, whether in contract, tort or otherwise for any special, punitive, consequential or indirect losses, or any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or any other kind of loss or damage of any kind howsoever arising. To the extent permitted by applicable law, Roberts liability is limited to the price you have paid for the Products in question.
However, nothing in this section affects your statutory rights as a consumer and nothing in these Terms excludes or limits liability which may not be lawfully limited or excluded under the applicable mandatory law, including without limitation liability arising from death or personal injury caused by negligence, or fraud.
12. Governing Law and Dispute Resolution
These Terms, the Store and the transactions concluded through the Store are governed by and construed in accordance with Finnish law excluding the choice of law provisions and Convention of Contracts for the International Sale of Goods. If the dispute cannot be resolved amicably between us, you can consult the consumer advisory services of the Finnish Competition and Consumer Authority and also seek the recommendation of the said authority’s Consumer Disputes Board. If you are a resident in EU or Iceland or Norway you may also consult your European Consumer Centre.
We both submit to the jurisdiction of the district court of Varsinais-Suomi (Varsinais-Suomen käräjäoikeus, Turku) as a first instance. If you are EU/EEA resident you may bring a claim to enforce your rights as a consumer in the said district court in Turku, Finland or in a competent court of the EU/EEA country where you live.
13. Other Terms
The Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the use of the Store and any transactions conducted on or through the Store.
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by the applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
The content of the Store and all communications will only be in English language. In relation to purchases from the Store, we will communicate electronically by sending email or otherwise posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Store is the exclusive property of Roberts or its contractors and protected by copyright. In addition graphics, logos, product or service names are trademarks or trade dress of Roberts. You may not use or utilize the content, trademarks or trade dress without express prior written consent of Roberts. Further Roberts trademarks and trade dress may not be used in connection with any other product or service that is not provided by Roberts or in any manner that is likely to cause confusion or disparages or discredits Roberts.
PLEASE NOTE THAT THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMERWHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.
13. Roberts Customer Service
If you have any questions in relation to the Store, Products or ordering and delivery, please contact Roberts customer service by e-mail sales@Roberts.fi.